Oregon Statutes 93.274 – Petition to strike discriminatory provisions from recorded instrument; recording order and redactions
(1)(a) If a recorded instrument conveying or contracting to convey fee title to real property, or a declaration recorded under ORS § 94.580, contains a provision that is void by reason of ORS § 93.270 (1)(a), the owner of the property or the owner of any portion of the property subject to the provision may cause the provision to be stricken from the public records described in ORS § 205.130 by filing a petition in the circuit court for the county in which the property is located.
Terms Used In Oregon Statutes 93.274
- judicial department: means the Supreme Court, the Court of Appeals, the Oregon Tax Court, the circuit courts and all administrative divisions of those courts, whether denominated as boards, commissions, committees or departments or by any other designation. See Oregon Statutes 174.113
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(b) The petition must be filed as an in rem declaratory action whose title contains the property address, except that if the real property consists of multiple lots or parcels subject to a declaration, the title of the petition may be the name of the subdivision and the recording number of the declaration.
(c) The court may not require that any person other than the petitioner be joined as a party to a petition filed under this section.
(2) A petition filed under this section must contain:
(a) The name and mailing address of the person filing the petition;
(b) The legal description of the property subject to the provision that is void by reason of ORS § 93.270 (1)(a);
(c) The name, recording number and date of recordation for each instrument or declaration that contains a provision that is void by reason of ORS § 93.270 (1)(a);
(d) A clear reference to the provision claimed to be void by reason of ORS § 93.270 (1)(a), setting forth verbatim the void provisions to be struck from each such document; and
(e) A complete certified copy of the recorded instrument or recorded declaration which contains the provision that is void by reason of ORS § 93.270 (1)(a).
(3)(a) The sole issue to be decided by the court is whether the provision is void by reason of ORS § 93.270 (1)(a).
(b) If the court finds that the provision is not void by reason of ORS § 93.270 (1)(a), the court shall dismiss the petition.
(c) If the court finds that any provisions of the recorded instrument or declaration are void by reason of ORS § 93.270 (1)(a), the court shall enter an order:
(A) Finding that the referenced original written instrument or declaration contains discriminatory provisions that are void and unenforceable under ORS § 93.270 (1)(a);
(B) Identifying each document by recording number and date of recordation; and
(C) Striking the void provisions from the public records and eliminating the void provisions from the title to the property described in the petition.
(d) The order must include a certified copy of each document upon which the court has physically redacted the void provisions.
(e) The order must provide that the effective date of the document redacted by the court is the same as the effective date of the original document.
(4) A county clerk who receives a certified copy of an order and redacted document described in this section with the fees required under ORS § 205.320 shall:
(a) Record the order and the certified copy of the document upon which the court has physically redacted the void provisions;
(b) Update the index of each original document referenced in the order with the recording number of the modified document; and
(c) Maintain the original document or an image thereof separately from electronic public access and preserve the original document or image for historical or archival purposes. [2018 c.35 § 1; 2023 c.342 § 1]
Sections 2 and 4, chapter 342, Oregon Laws 2023, provide:
On or before January 1, 2025, the Judicial Department shall create a model template for the petition, notice and order described in ORS § 93.274 and shall distribute copies to each circuit court and post copies to the department website. [2023 c.342 § 2]
Before January 2, 2026, on the motion of a petitioner, a court may enter an order conforming to the form of an order required by ORS § 93.274 for a judgment entered under ORS § 93.274 (2021 Edition) that was entered on or before the effective date of this 2023 Act [January 1, 2024]. [2023 c.342 § 4]
93.274 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 93 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.